The Director of Public Prosecutions (DPP) Noordin Haji has appealed an initial High Court ruling ordering him to return businessman Jimmy Wanjigi's guns.
Wanjigi lost his seven guns to the state after a raid on his Muthaiga home in late 2017, an issue that has been in the courts ever since as he seeks to have them back.
High Court Judge Justice Chacha Mwita last month ruled in his favour after finding the state at fault, and also ordered that his revoked gun licence be restored.
In the June 21 ruling, Justice Mwita found that the state acted in malice adding that the confiscation of the weapons translated to violation of Wanjigi's rights.
“The actions by the respondents were unlawful and actuated by malice. The court grants orders that all firearms be returned to the plaintiff,” said the judge.
The DPP who announced plans to appeal the ruling on the same day has since served an appeal notice to Wanjigi's lawyer July Soweto ahead of the new court battle.
“Take notice that the DPP and DCI herein, being dissatisfied with Justice Mwita's ruling... herein appeal against the whole of the said decision,” reads the notice in part.
Wanjigi told the court that the police officers illegally accessed his house without a warrant.
Attorney General Paul Kihara Kariuki and Director of Criminal Investigations (DCI) George Kinoti have been listed as petitioners in the case.